Mutual Trust, Constitutional Identity and Judicial Dialogue

The principle of mutual trust is a strong underpinning element in the judicial network of the EU and not only horizontally but vertically as well. Therefore, a lately constitutional identity related decision of the Federal Constitutional Court which halted the implementation of an individual act based on EU legislation was a novelty. At the same time, it follows from its decisions that it sees itself as an active participant of the European constitutional space: it puts utmost emphasis on the protection of democracy, while channels its reservations into the preliminary ruling procedure (Gauweiler). The question is whether such a trust-based approach can be detected in other countries as well. The Coman-case would be a positive example; however, the newest decisions of the CJEU concerning the Polish judiciary are alarming and even if the Polish Constitutional Court entered into the dialogue process, it could remain questionable whether that would result in a genuine judicial dialogue.